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Case TitleSouthern Poverty Law Center, Inc. v. United States Department of Homeland Security et al
DistrictNorthern District of Georgia
CityAtlanta
Case Number1:2016cv02871
Date Filed2016-08-09
Date ClosedOpen
JudgeJudge Charles A. Pannell, Jr
PlaintiffSouthern Poverty Law Center, Inc.
Case DescriptionThe Southern Poverty Law Center submitted a FOIA request to the Department of Homeland Security for records concerning multi-state immigration raids by U.S. Immigration and Customs Enforcement agents that allegedly were conducted without warrants. SPLC also requested a fee waiver. The agency acknowledged receipt of the request and denied SPLC's request for a fee waiver. However, after hearing nothing further concerning its request, SPLC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-091COMPLAINT, filed by Southern Poverty Law Center, Inc.; and Summon(s) issued. ( Filing fee $ 400.00 receipt number 113E-6618397.) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 08/10/2016)
2016-08-092NOTICE Of Filing, Additional Attachments to re 1 Complaint by Southern Poverty Law Center, Inc.. (Attachments: # 1 Ex -A - Freedom of Information Act Request, # 2 Ex - B - Jan. 8, 2016 Email, # 3 Ex - C - SPLC Appeal of Fee, # 4 Ex - D - ICE Reversal of Fee)(eop) (Entered: 08/10/2016)
2016-08-093Electronic Summons Issued as to United States Department of Homeland Security, United States Immigration and Customs Enforcement, USICE - NDGA, USICE - Washington, D.C., U. S. Homeland Security - NDGA, and U.S. Homeland Security - Washington, D.C.. (Attachments: # 1 USICE - NDGA, # 2 USICE - Washington, DC, # 3 USICE - Attorney General, # 4 U. S. Dept. of Homeland Security - NDGA, # 5 U. S. Dept. of Homeland Security - Washington, D.C.)(eop) (Entered: 08/10/2016)
2016-08-094Certificate of Interested Persons by Southern Poverty Law Center, Inc.. (eop) (Entered: 08/10/2016)
2016-08-175APPLICATION for Admission of Lisa S. Graybill Pro Hac Vice (Application fee $ 150, receipt number 113E-6639240)by Southern Poverty Law Center, Inc.. (Cho, Eunice) (Entered: 08/17/2016)
2016-08-316AFFIDAVIT of Service for Summons, Complaint with exhibits, Civil cover sheet, N.D. Ga. Pretrial Instructions by Certified Mail pursuant to Fed. R. Civ. P. Rule 4(i) , as to Defendant U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A - confirmations of service)(Gann, David) (Entered: 08/31/2016)
2016-08-317AFFIDAVIT of Service for Summons, Complaint with exhibits, Civil cover sheet, N.D. Ga. Pretrial Instructions by Certified Mail pursuant to Fed. R. Civ. P. Rule 4(i) , as to Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - confirmations of service)(Gann, David) (Entered: 08/31/2016)
2016-09-01APPROVAL by Clerks Office re: 5 APPLICATION for Admission of Lisa S. Graybill Pro Hac Vice (Application fee $ 150, receipt number 113E-6639240). Attorney Lisa S Graybill added appearing on behalf of Southern Poverty Law Center, Inc. (pb) (Entered: 09/01/2016)
2016-09-068ORDER GRANTING 5 Application for Admission Pro Hac Vice as to Attorney Lisa S. Graybill. Signed by Judge Charles A. Pannell, Jr on 9/6/16. (kxw) (Entered: 09/06/2016)
2016-09-06Clerk's Certificate of Mailing as to Attorney Lisa S. Graybill re 8 Order. Notice of street name change for the Atlanta courthouse included. (kxw) (Entered: 09/06/2016)
2016-09-129ANSWER to 1 COMPLAINT by United States Department of Homeland Security, United States Immigration and Customs Enforcement. Discovery ends on 2/9/2017.(Mendel, Gabriel) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/12/2016)
2016-10-1210JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Southern Poverty Law Center, Inc.. (Attachments: # 1 Exhibit A (Plaintiff's Proposed Scheduling Order), # 2 Exhibit B (Defendants' Proposed Scheduling Order))(Cho, Eunice) (Entered: 10/12/2016)
2016-10-1311SCHEDULING ORDER - Upon review of the information contained in the Joint Preliminary Report and Discovery Plan, the court orders that the time limits for adding parties, amending pleadings, filing motions, completing discovery, and discussing settlement are stated in the completed form [Doc. No. 10 ] except as herein modified: The parties' joint pretrial order or motions for summary judgment should be filed no later than 30 days after February 20, 2017. Signed by Judge Charles A. Pannell, Jr on 10/13/2016. (tcc) (Entered: 10/13/2016)
2016-12-0512NOTICE of Appearance by Daniel Werner on behalf of Southern Poverty Law Center, Inc. (Werner, Daniel) (Entered: 12/05/2016)
2017-02-0113Joint MOTION to Amend Scheduling Order by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - Proposed Amended Scheduling Order)(Mendel, Gabriel) (Entered: 02/01/2017)
2017-02-0314ORDER granting 13 Motion to Amend scheduling order. Signed by Judge Charles A. Pannell, Jr. on 2/3/17. (jpa) (Entered: 02/03/2017)
2017-03-0315Consent MOTION to Amend Scheduling Order by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - Proposed Scheduling Order)(Mendel, Gabriel) (Entered: 03/03/2017)
2017-03-0616ORDER GRANTING Defendants' 15 Consent Motion to Amend Scheduling Order and entering the following case schedule: Final Production - Feb. 6, 2017 (No change); Submission of Vaughn Index by Defendants - March 10, 2017; Settlement Conference - March 17, 2017 (No change); Joint Status Report to Court - March 22, 2017 (No change); Amendments to Pleadings - April 7, 2017 (No change); Submission of Motions for Summary Judgment or Joint Pretrial Order - April 21, 2017 (No change). Signed by Judge Charles A. Pannell, Jr on 3/6/2017. (tcc) (Entered: 03/06/2017)
2017-03-1017CERTIFICATE OF SERVICE Defendants' Vaughn Index by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Mendel, Gabriel) (Entered: 03/10/2017)
2017-03-2218STATUS REPORT Joint Status Report by Southern Poverty Law Center, Inc.. (Cho, Eunice) (Entered: 03/22/2017)
2017-03-24ORAL ORDER - the parties jointly requested in their 18 Status Report, an extension of time to file their dispositive motions. It is hereby order that the deadline for the parties to file their dispositive motions is extended through and including 5/5/17. Entered by Judge Charles A. Pannell, Jr on 3/24/2017. (dcs) (Entered: 03/24/2017)
2017-04-0719AMENDED COMPLAINT against United States Department of Homeland Security, United States Immigration and Customs Enforcement, filed by Southern Poverty Law Center, Inc.. (Attachments: # 1 Exhibit A (Freedom of Information Act Request), # 2 Exhibit B (Jan. 8, 2016 Email), # 3 Exhibit C (SPLC Appeal of Fee Waiver Denial), # 4 Exhibit D (ICE Reversal of Fee Waiver Denial to SPLC))(Cho, Eunice) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 04/07/2017)
2017-04-1420ANSWER to 19 Amended Complaint by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Mendel, Gabriel) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/14/2017)
2017-05-0521MOTION for Summary Judgment with Brief In Support by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Statement of Material Facts, # 2 Riley Declaration, # 3 Riley Declaration Exhibits)(Mendel, Gabriel) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 05/05/2017)
2017-05-2622RESPONSE in Opposition re 21 MOTION for Summary Judgment filed by Southern Poverty Law Center, Inc.. (Attachments: # 1 Appendix A (Summary of Defendants' Search Methods and Results), # 2 Text of Proposed Order, # 3 Plaintiff's Response to Statement of Material Facts, # 4 Plaintiff's Statement of Additional Facts, # 5 Declaration of David L. Gann, # 6 Declaration of Eunice H. Cho, # 7 Exhibit 1 (March 21, 2017 email), # 8 Exhibit 2 (executed consent forms), # 9 Exhibit 3 (March 20, 2017 email), # 10 Exhibit 4 (March 21, 2017 email), # 11 Exhibit 5 (April 3, 2017 email), # 12 Exhibit 6 (April 3, 2017 email), # 13 Exhibit 7 (May 4, 2017 FOIA resubmitted request for Plaintiff), # 14 Exhibit 8 (May 4, 2017 fax), # 15 Exhibit 9 (May 4, 2017 email), # 16 Exhibit 10 (Executive Order), # 17 Exhibit 11 (Privacy Policy Guidance Memorandum), # 18 Exhibit 12 (Headquarters Approved Operation Plan), # 19 Exhibit 13 (Dec. 28, 2015 Field Guidance), # 20 Exhibit 14 (Operation Instructions), # 21 Exhibit 15 (Guide to EAGLE data entry), # 22 Exhibit 16 (ICE Fact Sheet), # 23 Exhibit 17 (Dec. 31, 2015 email), # 24 Exhibit 18 (excerpts of Fourth Amendment Training), # 25 Exhibit 19 (Jan. 6, 2016 email), # 26 Exhibit 20 (Dec. 29, 2015 Field Operations Worksheet), # 27 Exhibit 21 (Jan. 2, 2016 Record), # 28 Exhibit 22 (ICE Reversal of Fee Waiver Denial to SPLC), # 29 Exhibit 23 (Jan. 19, 2010 Memorandum), # 30 Exhibit 24 (Dec. 28, 2015 Email), # 31 Exhibit 25 (Dec. 31, 2015 email ICE 952-54), # 32 Exhibit 26 (Jan. 2, 2016 Email), # 33 Exhibit 27 (January 2016 FOIA request), # 34 Exhibit 28 (Dec. 29, 2015 ICE 1296), # 35 Exhibit 29 (Jan. 9, 2016 Email ICE 1247), # 36 Exhibit 30 (Statement by Secretary Jeh C Johnson), # 37 Exhibit 31 (Jan. 8, 2016 email), # 38 Exhibit 32 (March 1, 2016 Appeal of Fee Waiver Denial), # 39 Exhibit 33 (ICE Fourth Amendment Training), # 40 List of Exhibits)(Cho, Eunice) (Entered: 05/26/2017)
2017-05-3123Unopposed MOTION for Leave to File Corrected Statement of Additional Facts in Support of Opposition to Defendants' Motion for Summary Judgment by Southern Poverty Law Center, Inc.. (Attachments: # 1 Exhibit A (clean - Statement of Additional Facts), # 2 Exhibit B (redline - Statement of Additional Facts))(Gann, David) (Entered: 05/31/2017)
2017-06-02ORAL ORDER granting 23 Unopposed Motion for Leave to File Corrected Statement of Additional Facts in Support of Opposition to Defendants' Motion for Summary Judgment. Entered by Judge Charles A. Pannell, Jr on 6/2/2017. (dcs) (Entered: 06/02/2017)
2017-06-0524Statement of Material Facts re 21 MOTION for Summary Judgment Plaintiff's Corrected Statement of Additional Facts in Opposition to Defendants' Motion for Summary Judgment filed by Southern Poverty Law Center, Inc.. (Cho, Eunice) (Entered: 06/05/2017)
2017-06-0525Joint MOTION for Extension of Time for Defendants to File Reply and for Plaintiff to File Sur-Reply with Brief In Support by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Mendel, Gabriel) (Entered: 06/05/2017)
2017-06-0626ORDER granting 25 Joint Motion for Extension of Time. Defendants shall be granted an extension of time through and including June 16, 2017, to file a reply in support of their Motion to Dismiss; and Plaintiff shall be permitted to file a sur-reply within fourteen (14) days thereafter to respond to any additional documentation, declaration, or other information not previously submitted in Defendants' Motion to Dismiss. Signed by Judge Charles A. Pannell, Jr on 6/6/2017. (tcc) (Entered: 06/06/2017)
2017-06-1527Joint MOTION for Extension of Time for Defendants to File Reply with Brief In Support by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Mendel, Gabriel) (Entered: 06/15/2017)
2017-06-1628ORDER GRANTING 27 Motion for Extension of Time. Defendants shall be granted an extension of time through and including June 20, 2017, to file a reply in support of their Motion to Dismiss. Plaintiff shall have fourteen (14) days thereafter in which to file its sur-reply. Signed by Judge Charles A. Pannell, Jr on 6/16/2017. (tcc) (Entered: 06/16/2017)
2017-06-2029REPLY to Response to Motion re 21 MOTION for Summary Judgment filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Statement of Material Facts Reply, # 2 Statement of Additional Material Facts Response, # 3 Exhibit A - Supplemental Riley Declaration)(Mendel, Gabriel) (Entered: 06/20/2017)
2017-06-21Submission of 21 MOTION for Summary Judgment , submitted to District Judge Charles A. Pannell. (tcc) (Entered: 06/21/2017)
2017-07-0530RESPONSE in Opposition re 21 MOTION for Summary Judgment Plaintiff's Sur-Reply Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment filed by Southern Poverty Law Center, Inc.. (Attachments: # 1 Modified Proposed Order, # 2 Plaintiff's Reply to Defendants' Response to Plaintiff's Corrected Statement of Additional Material Facts)(Gann, David) (Entered: 07/05/2017)
2017-09-2131MOTION to Withdraw Eunice Hyunhye Cho as Attorneyby Southern Poverty Law Center, Inc.. (Cho, Eunice) (Entered: 09/21/2017)
2017-09-22ORAL ORDER granting 31 Motion to Withdraw as Attorney. Attorney Eunice Hyunhye Cho terminated. Entered by Judge Charles A. Pannell, Jr on 9/22/2017. (dcs) (Entered: 09/22/2017)
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by FOIA Project Staff